As noted recently by the Victorian Supreme Court ‘defamation is a difficult area of law, even for experienced practitioners and for judges having familiarity with the law of defamation’. Defamation law has attracted considerable recent publicity after the decisions in Rebel Wilson v Bauer Media Inc, Rayney v The State of Western Australia and President Trump’s responses to Michael Wolff’s book Fire & Fury. This seminar will provide a general overview of the principles of, and considerations in bringing and defending claims in, defamation and injurious falsehood. It will address questions such as how the meaning of a publication is determined, whether publication has taken place, the available defences, whether a defamation trial should be by jury, and the assessment of damages. Updates will be provided upon recent controversial issues in defamation law, including the application of defamation law to internet searches and modern forms of communication, and the lifting the statutory cap on defamation damages.

Level: Intermediate